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Mental Capacity Act 2005

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Changes over time for: Cross Heading: General requirements as to making instruments

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Changes to legislation:

Mental Capacity Act 2005, Cross Heading: General requirements as to making instruments is up to date with all changes known to be in force on or before 03 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

General requirements as to making instrumentsU.K.

1(1)An instrument is not made in accordance with this Schedule unless—U.K.

(a)it is in the prescribed form,

(b)it complies with paragraph 2, and

(c)any prescribed requirements in connection with its execution are satisfied.

(2)Regulations may make different provision according to whether—

(a)the instrument relates to personal welfare or to property and affairs (or to both);

(b)only one or more than one donee is to be appointed (and if more than one, whether jointly or jointly and severally).

(3)In this Schedule—

(a)prescribed” means prescribed by regulations, and

(b)regulations” means regulations made for the purposes of this Schedule by the Lord Chancellor.

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